By Dr. Sarah Berg and Dillon Clair
Menopause has become a fast-growing area of state law in the last couple of years alone. Since 2023, 19 states have introduced more than three dozen menopause-related bills, and nine have since become law. Illinois, Louisiana, Oregon, Washington, and New Jersey also require some insurance plans to cover menopause treatment in addition to the workplace requirements discussed below. For multistate employers, the result is a growing set of rules that can differ drastically by jurisdiction.
Here is where the nine leading state and local measures stand.
Rhode Island: The first of these state laws, effective since June 2025, added menopause-related conditions to the state’s existing pregnancy-accommodation law. It covers employers with four or more employees. Possible accommodations include: remote work, schedule changes, longer or more frequent breaks, time off for medical appointments, temporary transfers, light duty, and easier bathroom access. Employers cannot require leave if another reasonable change would work. They must also provide notice and post information about the law.
Illinois: The state passed the Menopause Equity and Care Act this August. The final law is narrower than the original bill because lawmakers removed a proposal to make menopause a separate protected category. Instead, it adds menopause-related conditions to the state’s pregnancy-accommodation law. Employers with 15 or more employees may need to offer flexible schedules, modified hours, temperature-controlled workspaces, light duty, or job changes. Beginning in January 2028, a separate provision will require state-regulated health plans to cover FDA-approved hormonal and non-hormonal treatments, including osteoporosis medication.
Pennsylvania: HB 2135 would add menopause to the state’s pregnancy-accommodation rules rather than create a separate protected category. Rep. Morgan Cephas introduced the bill in January with 21 Democratic co-sponsors. A House committee approved it 14–12 on September 29, but the full House tabled it that day. The bill is therefore out of committee, but not moving toward a vote. It is part of a broader package, “No Time for a Pause”, that includes HB 1345, a separate proposal to expand Medicaid coverage for menopause treatment. At the local level, Philadelphia added menopause and perimenopause to its protected classes via an ordinance set to take effect in January 2027.
Connecticut: Connecticut’s accommodation language didn’t advance as a standalone bill. SB 353 cleared the Labor and Public Employees Committee with a Joint Favorable report, then its text was folded into Public Act 26-12, the broader workforce bill Governor Lamont signed in May. The law adds menopause-related conditions to the state’s existing accommodation protections and directs the Commission on Human Rights and Opportunities to develop a model workplace policy as well as educational materials. Most of the act’s provisions, including this one, take effect October 1, 2026.
New York: A5436 would fold menopause into the state’s existing disability and pregnancy accommodation framework, the same mechanism Rhode Island, Illinois, and Pennsylvania use: an employer accommodates an employee’s specific menopause-related needs case by case, with no guaranteed amount of time off. S9247/A10296 takes a different approach. Rather than individualized accommodation, it guarantees a fixed benefit, at least five days of leave in any 12-month period for menopause symptoms, regardless of what accommodation an employee might otherwise need, and it directs the Labor Commissioner to develop workplace guidance and run a public-awareness campaign. A5436 sits in the Assembly Governmental Operations Committee; S9247 is in the Senate Labor Committee. Both remain in committee.
California: AB 1940 would have added perimenopause, menopause, and postmenopause to the definition of “sex” under the state’s workplace discrimination law. It would have covered employers with five or more employees. The Legislature passed the bill on August 28, but Governor Newsom vetoed it in September. He said existing sex-discrimination law already provided protection and warned that adding new terms could create lawsuits without adding meaningful safeguards. California lawmakers have also rejected AB 432, an insurance-coverage bill Newsom vetoed twice over cost.
Washington: Governor Ferguson directed the state Women’s Commission to create an accommodation policy for state agencies and report on its progress by April 2027. The Commission must also prepare optional guidance for other public and private employers. Private employers do not have to act, and no bill is pending. Still, the state is developing a model that could shape future legislation.
Virginia: A bill modeled on Rhode Island’s measure passed the House 62–35 on February 17 and the Senate, with a substitute, 20–19 on March 5, but Governor Spanberger vetoed it in May after lawmakers rejected her proposal to study the issue first.
Employer Considerations
Employers should consider the application of state menopause coverage workplace requirements when designing health benefit plans. Workplace accommodation laws apply to every covered employer, no matter how the employer health benefit plan is funded. On the other hand, state insurance mandates usually do not apply to self-funded plans governed by federal law, which cover many ERIC members.
More states are likely to act, but they are unlikely to follow one definitive policy model. Some may expand pregnancy-accommodation laws. Others may change discrimination rules, provide leave, issue guidance, or require insurance coverage. Multistate employers should not expect one national standard, but begin to track developments where they operate, and prepare for the patchwork to grow. ERIC will continue monitoring this patchwork as it develops and will flag significant changes for member companies as they arise.
Sources
- Rhode Island — official statute text, R.I. Gen. Laws § 28-5-7.4: https://webserver.rilegislature.gov/Statutes/TITLE28/28-5/28-5-7.4.HTM
- Illinois — official enacted text, Public Act 104-0793: https://ilga.gov/Legislation/PublicActs/View/104-0793
- Illinois — legislative diff of the Senate floor amendment that narrowed the bill: https://legiscan.com/IL/drafts/HB5284
- Philadelphia — Fox Rothschild client alert on the amended Fair Practices Ordinance: https://www.foxrothschild.com/publications/philadelphia-moves-to-protect-employees-experiencing-menstruation-perimenopause-or-menopause
- New York — A5436 official bill page: https://www.nysenate.gov/legislation/bills/2025/A5436
- New York — S9247 official bill page (five-day leave benefit): https://www.nysenate.gov/legislation/bills/2025/S9247
- California — AB 1940 status tracker (passage dates, roll calls, enrollment): https://legiscan.com/CA/bill/AB1940/
- California — CDF Labor Law explainer on what AB 1940 does: https://www.jdsupra.com/legalnews/ab-1940-california-moves-to-expressly-2728078/
- Washington — full executive order text (PDF): https://governor.wa.gov/sites/default/files/exe_order/26-01%20-%20Menopause%20%28tmp%29.pdf
- Virginia — HB 1173 status tracker, including the May 19 veto: https://legiscan.com/VA/bill/HB1173/
- National scope — Ms. Magazine, “What’s Next for Menopause Legislation in Your State?” (Jan. 7, 2026): https://msmagazine.com/2026/01/07/menopause-legislation-law-policy-state/
- Pennsylvania — HB 2135 bill history and status, Legiscan (committee vote and September 29 tabling): https://legiscan.com/PA/bill/HB2135/2025
- Pennsylvania — Rep. Cephas press release on the “No Time for a Pause” package, including HB 1345: https://www.pahouse.com/Cephas/InTheNews/NewsRelease/?id=145424
- California — Governor Newsom’s official Sept. 30, 2026 end-of-session legislative action summary: https://www.gov.ca.gov/2026/09/30/governor-newsom-issues-legislative-update-9-30-2026/
- California — Law360, “Calif. Gov. Vetoes Expanded Menopause Bias Protections”: https://www.law360.com/employment-authority/articles/2532146/calif-gov-vetoes-expanded-menopause-bias-protections